HomeMy WebLinkAboutInterlocal Agreements - 2013.08.01 - 6521
Memorandum
To: Pat Davis, Oakland County Corporation Counsel
CC: Deanna Fett-Hylla, Oakland County Corporation Counsel
From: Ida Herron – Clerk/Register of Deeds – Elections Division
Date: 12/4/2013
Re: MR #13206
Enclosed is a copy of the MR #13206 - Department of Information Technology – Modifications to Comprehensive I.T. Services Interlocal Agreement. They have been sent to
the Office of the Great Seal.
If you have any questions, please call 248-858-9454.
Memorandum
To: Ed Sager, Supervisor, Information Technology
CC:
From: Ida Herron – Oakland County Clerk/Register of Deeds – Elections Division
Date: 12/4/2013
Re: MR #13206
On August 1, 2013 the Oakland County Board of Commissioners adopted Resolution #13206 - Department of Information Technology – Modifications to Comprehensive I.T. Services Interlocal Agreement. A copy of the agreement is enclosed. They have been filed
with the Office of the Great Seal. If you have any questions, please call 248-858-9454.
December 4, 2013
Michigan Department of State Office of the Great Seal
108 South Washington Square, Suite 1 Lansing, MI 48918
Dear Office of the Great Seal:
On August 1, 2013, the Board of Commissioners for Oakland County entered into an agreement per MR #13206 – Department of Information Technology – Modifications to Comprehensive I.T. Services Interlocal Agreement.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the
County of Oakland and the County of Macomb and the authorizing Board of Commissioners Resolution are enclosed for filing by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #12 East
1200 N. Telegraph Rd. Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing
purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell Director of Elections Cc: Pat Davis, Corporation Counsel, Oakland County Deanna Fett-Hylla, Corporation Counsel
Pamela Lavers, Assistant Macomb County Executive Ed Sager, Oakland County Information Technology
Enclosures
Memorandum
To: Pamela Lavers, Assistant Macomb County Executive
CC:
From: Ida Herron – Oakland County Clerk/Register of Deeds – Elections Division
Date: 12/4/2013
Re: MR #13206
On August 1, 2013 the Oakland County Board of Commissioners adopted Resolution #13206 – Department of Information Technology – Modifications to Comprehensive I.T. Services Interlocal Agreement. A copy of the agreement is enclosed. They have been filed
with the Office of the Great Seal. If you have any questions, please call 248-858-9454.
CHARTER COMMISSION
10 North Main Street, 6th Floor
Mount Clemens, MI 48043
Phone: 586-463-2674 Fax: 586-463-2603
Website: www.macombcountymi.gov/clerksoffice/charter
E-mail: charter@macombcountymi.gov
I, Carmella Sabaugh, Clerk of the Macomb County Charter Commission, do hereby
certify that the following resolution was approved by the Macomb County Charter
Commission at its Regular Meeting held on the 17th of June, 2009.
RESOLVED, that the Macomb County Charter Commission
approves the Home Rule Charter of l\/Iacomb County, Michigan, submitted
to it by the Charter Commission's Legal Team on June 17, 2009, including
the amendments adopted at the regular meeting of the Charter
Commission on June 17, 2009.
BE IT FURTHER RESOLVED. That the approved Home Rule
Charter be submitted to the Governor of the State of Michigan for approval
pursuant to statute.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the
Court at Mount Clemens, Michigan, this 6th day of October, 2010.
Carmella Sabaug,jj/Clerk
MACOMB COUNTY CHARTER COMMISSION Jacob Femminineo, Jr. Marilyn Lane James F. Kelly David A. Willis
District 17 District 20 Districts District 2
Chair Vice-Chair Secretary Treasurer
Matthew J. Wroblewslci - District 1
Louis J. Burdi, - Distinct 4
Robert W. Slavko - District 5
John Olekszyk - District 6
Elisabeth Slerawski - District 7
Donna S. Cangemi - District 8
Michael G. Gielniak - District 9
Rick Flynn - District 10
Dominic l.aRosa - District 11
Vince Viviano-District 12
Gary S. Anthony - District 13
James Haggeity-District 14
Harry Awdey - District 15
Tom Rombach - District 16
Carrie Lynn Fuca - District 18
Robert Smith, Jr. - District 19
Nick Ciaramitaro - District 21
Judy Hartwell - District 22
James Maceroni - District 23
Cynthia Konal - District 24
Charles Medley - District 25
Monika Kreft Leasure — Disti'ict 26
HOME RULE CHARTER
OF
MACOMB COUNTY, MICHIGAN
Approved by the Macomb County Charter Commission
June 17,2009
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.
1
INDEX OF CHARTER
PREAMBLE
ARTICLE I
HOME RULE/GENERAL PROVISIONS
Section 1.1 Purpose of Charter 1
Section 1.2 Home Rule Powers 1
Section 1.3 Boundaries of County 1
Section 1A Definitions 1
ARTICLE n
ETHICS
Section 2.1 Standards 2
Section 2.2 Ethics Ordinance Mandated 2
Section 2.3 Ethics Ordinance Provisions 3
Section 2.4 Board of Ethics 3
Section 2.5 Powers and Duties of the Ethics Board 4
Section 2.6 Complaints and Sanctions 4
Section 2.7 Retaliation Prohibited 5
Section 2.8 Annual Report.. 5
Section 2.9 Exemption from Reorganization 5
Section 2.10 Funding 5
ARTICLE HI
EXECUTIVE
Section 3.1 Executive 5
Section 3.2 Election and Term 5
Section 3.3 Qualifications of the Executive 5
Section 3.4 Office at County Seat 6
Section 3.5 Authority, Duties, and Responsibilities 6
Section 3.6 Organization Plan 6
Section 3.7 Report of County Financial Condition 7
Section 3.8 Appointments 7
Section 3.9 Veto Authority 7
Section 3.10 Intergovernmental Relations 8
Section 3.11 Deputy County Executive 8
Section 3.12 Removal by Governor 8
Section 3.13 Removal for Incapacity 9
i
Approved by the Macomb County Charter Commission on June 17, 2009. 2
Approved by IVlichigan Governor Jennifer M. Granholm on July 21, 2009.
Section 3.14 Vacancies 9
Section 3.15 Filling a Vacancy 9
Section 3.16 Transfers of Property and Records 9
Section 3.17 Signature 9
Section 3.18 Emergency Management 9
ARTICLE IV
LEGISLATIVE
Section 4.1 Commission 10
Section 4.2 Qualifications of a Commissioner 10
Section 4.3 Meetings, Rules, and Procedures 10
Section 4.4 Powers and Duties 10
Section 4.5 Enumerated Powers Not Exclusive 11
Section 4.6 Ordinances and Resolutions 11
Section 4.7 Ordination, Adoption, and Publication 11
Section 4.8 Vacancies 11
Section 4.9 Removal for Incapacity 11
Section 4.10 Independent Counsel 11
ARTICLE V
APPORTIONMENT AND ELECTIONS
Section 5.1 Apportionment of County Commission Districts 12
Section 5.2 County Apportionment Commission 12
Section 5.3 Apportionment Procedure 12
Section 5.4 Appeal of an Apportionment Plan 13
Section 5.5 Final Apportionment Plan 13
Section 5.6 Elections 13
ARTICLE VI
DEPARTMENTS HEADED BY COUNTYWIDE ELECTED OFFICIALS
Section 6.1 Sheriff 13
Section 6.2 Prosecuting Attorney 13
Section 6.3 County Clerk and Register of Deeds 13
Section 6.4 County Treasurer 14
Section 6.5 Public Works 14
Section 6.6 General Provisions 14
ii
Approved by the Macomb County Charter Commission on June 17, 2009. 3
Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
ARTICLE VII
ADDITIONAL DEPARTMENTS AND OFFICES
Section 7.1 Planning and Economic Development 15
Section 7.2 Health and Community Services 16
Section 7.3 Human Resources and Labor Relations 16
Section 7.4 Finance 16
Section 7.5 Corporation Counsel 16
Section 7.6 General Provisions Governing Departments and Agencies 17
Section 7.7 Directors 17
ARTICLE Vni
FINANCE
Section 8.1 Financial Management Principles 17
Section 8.2 Fiscal Year 17
Section 8.3 Independent Audit 18
Section 8.4 Debt Limit and Borrowing Authority 18
Section 8.5 Taxing Authority 18
Section 8.6 Budget Preparation and Transmittal 18
Section 8.7 Adoption of Line Item Operating Budget 19
Section 8.8 Budget Deficits 19
Section 8.9 Transfers and Impoundments 19
Section 8.10 Purchasing 19
Section 8.11 Budget Reductions 19
ARTICLE IX
RETIREMENT SYSTEM
Section 9.1 Retirement System 20
Section 9.2 Retirement Commission 20
ARTICLE X
SPECIFIC POWERS AND PROVISIONS
Section 10.1 Civil Service 20
Section 10.2 Initiative, Referendum, and Recall 21
Section 10.3 Insurance and Bonding 21
Section 10.4 Public Utilities 21
Section 10.5 Charter Amendment 21
Section 10.6 Effect of Removal, Resignation, or Retirement 22
Section 10.7 Public Defender 22
Section 10.8 Additional Functions or Services 22
iii
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer Granhoim on July 21, 2009.
4
Section 10.9 Economic Development 22
Section 10.10 Oath of Office 22
SectionlO.il Compensation 23
Section 10.12 Removal from Office 23
Section 10.13 Veterans'Affairs 23
Section 10.14 Community Mental Health 24
ARTICLE XI
TRANSITIONAL PROVISIONS
Section 11.1 Ordinances Continued 24
Section 11.2 Laws Continued 24
Section 11.3 Succession of County Rights 24
Section 11.4 Continuity of Government 24
Section 11.5 Road Commission of Macomb County 25
Section 11.6 Continuation of Previously Approved Tax Authorizations 25
Section 11.7 Salaries and Benefits on Effective Date of Charter 25
Section 11.8 Initial Organization 26
Section 11.9 Transitional Apportionment 26
Section 11.10 Effective Date 26
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 12.1 Public Meetings 26
Section 12.2 Freedom of Information 26
Section 12.3 Severability 26
iv
Approved by the Macomb County Charter Commission on June 17, 2009. 5
Approved by Michigan Governor Jennifer M. Granhoim on Juiy 21, 2009,
PREAMBLE
We, the people of Macomb County, to provide a local government
which is efficient, economical, and ethical, exercise our
constitutional rights and adopt this Home Rule Charter.
ARTICLE I
HOME RULE/GENERAL PROVISIONS
Section 1.1 Purpose of Charter
The purpose of this Charter is to convert the County of Macomb from a general law
county to a home rule county under a locally adopted charter led by home rule county officers.
This Charter shall be liberally construed in favor of the County as required by Article VTT,
Section 34 of the Constitution.
Section 1.2 Home Rule Powers
The home rule County of Macomb possesses home rule power as granted by Article VII,
Section 2 of the Constitution to provide for any matter of County concern together with all other
powers which a county may possess under the Constitution and laws of this state. The
enumeration of powers in this Charter shall not be construed to exclude or limit other powers
possessed by the County by implication or operation of law.
Section 1.3 Boundaries of County
The boundaries of the County existing when this Charter takes effect shall contmue until
changed in accordance with law.
Section 1.4 Definitions
As used in this Charter:
(a) Adopted, approval, approved, and confirmed mean actions of the Commission
requiring the affirmative vote of a Majority of Commissioners.
(b) Agency means a department, office, board, commission, or other administrative
unit of County government, whether created by Charter, ordinance, or law.
(c) Appointee means a person appointed to a compensated or uncompensated position
in County government that is not subject to a collective bargaining agreement,
who is not elected to or holding an office that is subject to an election, and whose
appointment is subject to the approval of the Commission or who is exempt from
such approval under Article TTI of this Charter.
1
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009,
6
(d) Commission means the County Board of Commissioners created by tills Cliarter.
(e) Commissioner means a member of tlie Commission. Commissioners are home
rule county officers under this Charter.
(f) Constitution means the Constitution of the State of Michigan, as amended.
(g) County means Macomb County, Michigan.
(h) Countywide Elected Official means the holder of an office in County government
which is elected on a countywide basis. Countywide Elected Officials are home
rule county officers under this Charter.
(1) Employee means a person hired and employed in a position in County
government.
(j) Ethics Board means the Board of Ethics as created in this Charter.
(k) Ethics Board Member means a member of the Board of Ethics.
(1) Executive means the person holding the office of County Executive created by
this Charter.
(m) Including and included mean including, or Included, without limitation.
(n) Majority of the Commission or other multi-member body means a majority of the
non-vacant positions.
(o) Organization Plan means a plan of organization or reorganization proposed and
approved as provided in this Charter.
(p) Public Servant means a Countywide Elected Official, Commissioner, Appointee,
or Employee.
ARTICLE II
ETHICS
Section 2.1 Standards
Public Servants of the County shall observe the highest standards of ethical conduct and
are obligated to:
(a) Comply with all laws and policies of County government;
(b) Be independent, Impartial, and fair in their judgment and actions;
(c) Use their public office for the public good, not for personal gain;
(d) Conduct public business openly, as provided by law, in an atmosphere of respect
and civility; and
(e) Cooperate fully with any request of the Ethics Board for information or
assistance, subject to law.
Section 2.2 Ethics Ordinance Mandated
Within 1 year after the effective date of this Charter, the Commission shall adopt an
ethics ordinance governing all Public Servants.
2
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M, Granholm on Juiy 21, 2009.
7
Section 2.3 Ethics Ordinance Provisions
At a minimum, the ethics ordinance shall:
(a) Define "conflict of interest" and prohibit a Public Servant from acting on a
decision or transaction where an interest of the Public Servant, including a
partisan political interest, is in actual or apparent conflict with an actual or
apparent interest of the County.
(b) Require a Public Servant to disclose personal interests in all contracts involving
the County; the receipt of all gifts from persons doing, or seeking, or who may
reasonably be expected to seek. County business; as well as other relationships
which are, or may appear to be, a conflict of interest.
(c) Define the circumstances in which acceptance of employment by a present or past
Public Servant with another public or private entity is incompatible with the
ethical duties of the Public Servant, and the extent to which such employment is
prohibited.
(d) Address the extent to which nepotism shall be prohibited in County hiring,
appointments, and promotional decisions.
(e) Define and prohibit all inappropriate political activity by Public Servants,
including improper use of County time and property.
(f) Define "confidential information of the County" and prohibit its disclosure by a
Public Servant to a third party.
(g) Define and prohibit the use of County resources and assets by a Public Servant for
private purposes or commercial gain.
(h) Define the disclosure requirements for potential and existing County vendors.
(i) Provide sanctions for violations of the ethics ordinance.
Section 2.4 Board of Ethics
2.4.1 The Board of Ethics is created.
2.4.2 The Ethics Board consists of 5 members, nominated by the Executive and subject
to approval by the Commission. The Commission shall vote on approval within 60 days of
receipt of a nomination from the Executive. If the Commission fails to act upon a nomination
within that time, the Executive's nomination becomes effective.
2.4.3 Ethics Board Members serve without compensation.
2.4.4 Ethics Board Members are appointed for 5-year terms, with the terms of not more
than 2 Ethics Board Members expiring in any 1 year. Of the initial appointments, 2 shall expire
February 1, 2013, 2 shall expire February 1, 2014, and 1 shall expire February 1, 2015.
2.4.5 Ethics Board Members must be qualified electors in the County.
3
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009,
8
2.4.6 Persons who have been Public Servants, other than unpaid Appointees, at any
time in the preceding 2 years, their immediate family members, and other individuals as provided
by ordinance, are ineligible to serve on the Ethics Board.
2.4.7 An Ethics Board Member may not be an officer of a political party.
2.4.8 An Ethics Board Member may be removed by the Executive for cause with the
approval of the Commission.
Section 2.5 Powers and Duties of the Ethics Board
2.5.1 Within 180 days after approval of the 5 initial Ethics Board Members, the Ethics
Board shall propose rules of procedure for the enforcement of the ethics provisions of this
Charter, ordinance, and law, and submit them to the Commission for approval by resolution.
The approved rules shall be filed with the County Clerk. If the Commission fails to approve or
reject the proposed rules within 60 days after submission, the rules become effective.
2.5.2 The Ethics Board may prepare educational materials regarding applicable ethics
standards after consultation with the affected Agencies and conduct training programs for Public
Servants.
2.5.3 The Ethics Board shall provide a procedure whereby a Public Servant may obtain
informal guidance for understanding and complying with applicable ethics standards.
2.5.4 On the request of a Public Servant, or the supervisor of an Employee, concerning
action by the Public Servant, the Ethics Board may render an advisory opinion.
Section 2.6 Complaints and Sanctions
2.6.1 A complaint alleging violation of an applicable ethics provision may be filed with
the Ethics Board. The complaint must be signed by the complainant whose identity, as well as
all information relating to the complaint, shall be kept confidential except as required by law or
ordinance. Whenever an Agency receives a complaint alleging an ethics violation or determines
that an ethics violation may have occurred, it shall refer the matter to the Ethics Board.
2.6.2 If the Ethics Board determines that a complaint is supported by probable cause, it
shall proceed to resolve the complaint in accordance with its rules of procedure, which shall
include notice and an opportunity to be heard. The Ethics Board may subpoena witnesses,
compel the production of evidence, and administer oaths.
2.6.3 The Ethics Board may investigate any matter related to its responsibilities.
2.6.4 The Ethics Board may seek the assistance of Corporation Counsel or, with the
approval of the Commission, may retain outside counsel.
4
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.
9
2.6.5 Ethics Board determinations are final, reviewable only by a court as provided by
law.
Section 2.7 Retaliation Prohibited
A Public Servant shall not take retaliatory action of any type against the complainant or a
witness, and any such retaliatory action is itself a violation of the ethics provisions of the County.
Section 2.8 Annua! Report
The Ethics Board shall submit an annual report to the Commission as required by
ordinance.
Section 2.9 Exemption from Reorganization
The Ethics Board is exempt from reorganization under an Organization Plan.
Section 2.10 Funding
The County shall provide an annual appropriation and resources sufficient to enable the
Ethics Board to perform its duties.
ARTICLE III
EXECUTIVE
Section 3.1 Executive
The office of County Executive is created and the executive power of the County is
vested in the Executive, who is the head of the executive branch of County government.
Section 3.2 Election and Term
The Executive shall be elected at large on a partisan basis for a 4-year term. State law
procedures and deadlines applicable to filing for office by candidates for Countywide Elected
Officials elected under Article VI, and the conduct and canvass of such county elections, shall also
apply to the office of Executive, except the Executive shall be elected for a term concurrent with
the term of the governor.
Section 3.3 Qualifications of the Executive
A person who is a registered and qualified elector in the County as of the filing deadline
for the office of Executive is qualified to serve as the Executive.
5
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.10
Section 3.4 Office at County Seat
The principal office of the Executive shall be at the County seat.
Section 3.5 Authority, Duties, and Responsibilities
The Executive has the authority, duty, and responsibility to:
(a) Supervise, coordinate, direct, and control all County departments except for
departments headed by Countywide Elected Officials other than the Executive,
facilities, operations, and services except as otherwise provided by this Charter
or law;
(b) Enforce all laws in the County except as provided for by this Charter or law;
(c) Discharge the duties granted the Executive by this Charter, law, or ordinance,
and exercise all incidental powers necessary or convenient for the discharge of
the duties and functions specified in this Charter or lawfully delegated to the
Executive;
(d) Submit reports and recommendations to the Commission on matters affecting
the County;
(e) Exercise powers and duties required for emergency preparedness;
(i) Receive community information concerning County services;
(g) Maintain intergovernmental relations and advocate or develop proposed
legislation beneficial to County interests;
(h) Coordinate economic development programs, countywide planning, and
marketing of the County;
(i) Promote the preservation of the natural resources of the County;
(j) Submit to the Commission a proposed annual budget; and
(k) Maintain no other full-time employment.
Section 3.6 Organization Plan
3.6.1 Except as provided in Article XI, within 90 days after the start of a new term of
office the Executive shall submit a proposed Organization Plan to the Commission which
includes an explanation of the reasons for the plan and an evaluation of its financial impact.
3.6.2 The Organization Plan may provide for the creation or abolition of any Agency
except for the departments and offices created by Article VII of this Charter and any others
expressly exempted by this Charter or prohibited from being created or abolished by law. The
Organization Plan may also transfer powers, duties, and functions of the County among the
Agencies, including those created by Article VIT of this Charter, if not prohibited by this Charter
or law. The Executive may submit proposed amendments to the Organization Plan to the
Commission at any time.
3.6.3 The Organization Plan shall provide for public access to the expenditure records
of the County in a feasible, accessible, and economical manner.
6
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granhoim on July 21,2009.
11
3.6.4 The Commission shall hold a public hearing on the proposed Organization Plan or
any proposed amendment within 50 days after its submission and must either approve, with or
without amendment, or reject the proposed Organization Plan or any proposed amendment
within 75 days after its submission.
Section 3.7 Report of County Financial Condition
The Executive shall file a report with the Commission on the financial condition of the
County at least quarterly. The report shall include:
(a) A comparison of actual revenues to budgeted revenues for the current fiscal year;
(b) A comparison of actual expenditures to budgeted expenditures for the current
fiscal year;
(c) Any revisions to the original revenue estimates and/or expenditure estimates; and
(d) Additional information required by ordinance or law.
Section 3.8 Appointments
Unless otherwise provided by this Charter or law:
(a) The Executive shall appoint the Deputy County Executive, executive staff,
department directors, members of boards and commissions, County
representatives on intergovernmental bodies, and all other appointed officials or
representatives;
(b) With the exception of the Deputy County Executive, appointments by the
Executive require approval by the Commission unless such appointments are
exempted from approval by this Charter or law. If the Commission fails to
approve or reject a proposed appointment within 75 days after its submission, the
appointment becomes effective;
(c) Countywide Elected Officials provided for in Article VI of this Charter are
exempt from this section;
(d) The Executive may appoint a confidential secretary, up to 3 administrative
assistants, and unpaid advisory boards and commissions, all of whom are exempt
from approval by the Commission;
(e) Appointees of the Executive shall serve at will, at the pleasure of the Executive
unless otherwise provided by law or contract; and
(f) The department of Human Resources and Labor Relations shall establish and
adopt qualifications and criteria for the appointment of department directors and
other Appointees.
Section 3.9 Veto Authority
Unless prohibited by law, the Executive may veto an ordinance, a line item of an
ordinance appropriating money, or a resolution having the effect of law or approving a contract,
by transmitting to the Commission notice of the veto and reasons for the veto. If the Executive
7
Approved by the Macomb County Charter Commission on June 17,2009.
Approved by Michigan Governor Jennifer M, Granholm on Juiy 21, 2009.
12
fails to exercise the veto within 10 business days after receipt of the ordinance by the Executive
or within 10 business days after the adoption of a resolution, the action of the Commission takes
effect.
Section 3.10 Intergovernmental Relations
The Executive, with the approval of the Commission and concurrence of each
Countywide Elected Official whose department will be required to allocate or transfer resources,
may:
(a) Enter into any intergovernmental contract which is not specifically prohibited by
law;
(b) Join, establish, or form with any other governmental unit an intergovernmental
district or authority to perform a public function or service, which each is
authorized to perform separately, the performance of which is not prohibited by
law;
(c) Accept, upon mutually agreed conditions, the transfer of performance of any
municipal function or service from a governmental unit wholly or partially within
the County, if the performance of that fiinction or service by the County is not
specifically prohibited by law, and if the function or service is offered on a
countywide basis; and
(d) Provide by contract services or functions in a political subdivision of the County
with the agreement of the legislative body of that subdivision and with approval
of the contract by the Commission. The cost of services or functions provided to
a political subdivision of the County, but not provided countywide, shall be paid
by the political subdivision in which the services or functions are performed. The
revenues collected for the contracted services or functions shall be used first to
pay for the contracted services.
Section 3.11 Deputy County Executive
The Office of the Deputy County Executive is created. The Deputy County Execufive
shall exercise the powers and duties of the Executive if the office is vacant or if the Executive is
absent or disabled. The Deputy County Executive shall also perform the powers and duties
delegated by the Executive.
Section 3.12 Removal by Governor
The Executive may be removed &om office by the governor for the same reasons and
with the same due process as provided by law for the sheriff, prosecuting attorney, county clerk,
and county treasurer.
8
Approved by the Macomb County Charter Commission on June 17. 2009.
Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
13
Section 3.13 Removal for Incapacity
The Executive may be removed from office upon the affirmative vote of not less than 3/4
of the Commissioners serving after a public hearing upon a finding that the Executive is unable
by reason of incapacity to perform the duties of office. The decision of the Commission may be
appealed by the Executive to the Circuit Court for a de novo review.
Section 3.14 Vacancies
3.14.1 The office of the Executive becomes vacant in the manner provided by law for
the offices of sheriff, prosecuting attorney, county clerk, and county treasurer.
3.14.2 If a person elected to the office of Executive dies before the commencement of
the term of office, a vacancy exists which shall be filled within 15 days after the beginning of the
term.
Section 3.15 Filling a Vacancy
A vacancy in the office of the Executive shall be filled in the following manner:
(a) The county clerk, the prosecuting attorney, the sheriff, the treasurer, and the
chairperson of the Commission shall, at a public meeting, appoint by a Majority a
person to fill the vacancy within 60 days for the remainder of the unexpired term
and until a successor is elected and qualified.
(b) The office of the Executive shall be filled in the case of vacancy by holding a
special primary election on the next August election day, in the manner provided
by law, followed by a special election to be held on the next November election
day for which it is possible to place the office of Executive on the ballot in the
manner provided by law. The successor so elected shall hold the office for the
remainder of the unexpired term.
Section 3.16 Transfers of Property and Records
All property, records, and equipment of any Agency affected by this Charter or an
Organization Plan shall be transferred to the appropriate Agency as directed by the Executive.
Section 3.17 Signature
All contracts and instruments binding the County shall be signed by the Executive or
designee of the Executive.
Section 3.18 Emergency Management
The emergency management ftinctions of the County shall be vested in the Executive,
who may direct the emergency management coordinator and execute the emergency
management plan of the County.
9
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
14
ARTICLE IV
LEGISLATIVE
Section 4.1 Commission
The Commission is created and the legislative power of the County is vested in the
Commission. The Commission consists of 13 members elected for terms concurrent with State
Representatives on a partisan basis &om single member districts established by the County
Apportionment Commission as provided in Article V.
Section 4.2 Qualifications of a Commissioner
A person who is a registered and qualified elector in the Commissioner district where the
person resides as of the deadline for filing to run for the office of Commissioner is qualified to
serve as a Commissioner for that district, unless the person is otherwise prohibited by law from
holding the office of Commissioner.
Section 4.3 Meetings, Rules, and Procedures
At the first meeting of each new term, the Commission shall elect a chairperson and its
other officers and establish its rules of procedure and its regular monthly meeting schedule. A
Majority of the Commission constitutes a quorum.
Section 4.4 Powers and Duties
In addition to other powers and duties prescribed in this Charter, the Commission may:
(a) Adopt, amend, or repeal ordinances or resolutions;
(b) Establish committees of the Commission necessary to efficiently conduct the
business of the Commission;
(c) Appropriate funds, levy taxes, fees, and other charges, and authorize borrowing as
provided by this Charter and applicable laws;
(d) Approve contracts of the County;
(e) Approve or reject appointments by the Executive as provided by this Charter;
(f) Override a veto by the Executive within 30 days by at least 2/3 of the
Commissioners serving;
(g) Subpoena individuals, compel the production of records, and administer oaths;
(h) Appoint, approve, and remove members of committees, boards, and commissions
as provided by this Charter or law;
(i) Submit tax and ballot proposals to the electorate; and
(j) Exercise any power granted by law to charter or general law counties unless
otherwise provided by this Charter.
10
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
15
Section 4.5 Enumerated Powers Not Exclusive
The enumeration of powers in this Charter shall not be held or deemed to be exclusive,
in addition to the powers enumerated in this Charter, implied by this Charter, or appropriate to
the exercise of the powers enumerated in this Charter, the Commission shall have and may
exercise all legislative powers which this Charter could specifically enumerate as provided by
the Constitution and the laws of the State of Michigan.
Section 4.6 Ordinances and Resolutions
The Commission shall act by ordinance if required by this Charter or law, otherwise by
resolution. All acts of the Commission imposing a penalty shall be by ordinance.
Section 4.7 Ordination, Adoption, and Publication
The Commission shall, within 180 days after the effective date of this Charter, adopt an
ordinance providing for codification of ordinances and the preservation and indexing of
resolutions.
Section 4.8 Vacancies
4.8.1 A vacancy occurs in the office of a Commissioner by death, resignation, removal
of residency from the district, or removal from office.
4.8.2 A vacancy shall be filled by appointment of a registered and qualified elector of
the district in which he or she is to be appointed within 30 days by a Majority of Commissioners.
The appointee shall take office upon filing the oath of office with the County Clerk after the
meeting at which the appointment is made.
4.8.3 If the vacancy is filled in the first year of the term, the appointee shall serve until
a successor is elected in a special election called by the Commission in accordance with law. If
the vacancy is filled in the second year of the term, the appointee shall serve out the unexpired
term.
Section 4.9 Removal for Incapacity
A Commissioner may be removed from office upon the affirmative vote of not less than
3/4 of the Commissioners serving after a public hearing upon a finding that the Commissioner is
unable by reason of incapacity to perform the duties of office. The decision of the Commission
may be appealed by the Commissioner to the Circuit Court for a de novo review.
Section 4.10 Independent Counsel
independent counsel may be retained by the Commission to provide legal services for
specific projects or issues relative to its powers and duties as deemed necessary by the
Commission. The process for retaining an independent counsel shall be established by an
ordinance not subject to veto by the Executive. The independent counsel shall be an attorney or
11
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.
16
attorneys licensed to practice law in Michigan. The independent counsel shall not be an
Employee of the County.
ARTICLE V
APPORTIONMENT AND ELECTIONS
Section 5.1 Apportionment of County Commission Districts
The County Apportionment Commission shall establish Commission districts in the
manner required by law within 60 days after the most recent final decennial census figures are
certified by the United States Government. The districts shall be contiguous, compact, and as
nearly square as practicable, depending on the geography of County area involved, without
regard to partisan political advantage. The districts shall be drawn so that each city and township
has the largest possible number of complete districts within its boundaries before any part of the
city or township is joined to territory outside the boundaries of the city or township to form a
district. All districts shall be single member districts and as equal in population as practicable.
Townships, villages, cities, and precincts shall be divided only if necessary to meet the
population standard.
Section 5.2 County Apportionment Commission
Unless otherwise required by law, the County Apportionment Commission consists of the
County Clerk, the County Treasurer, the Prosecuting Attorney, and the statutory County
chairperson of each of the 2 political parties whose candidates for Secretary of State received the
most votes in the last election for that office. If the County does not have a statutory chairperson
of a political party, the 2 additional members shall be a party representative from each of the 2
political parties receiving the greatest number of votes cast for the office of secretary of state in
the last preceding general election and appointed by the chairperson of the state central
committee for each of the political parties. The County Clerk convenes the Commission and the
County Apportionment Commission shall adopt rules of procedure. Three members of the
County Apportionment Commission shall constitute a quorum. All action is by Majority.
Section 5.3 Apportionment Procedure
Unless otherwise required by law, the County Apportionment Commission shall file an
apportionment plan with the County Clerk, at which time the plan shall become effective. If the
County Apportionment Commission has failed to submit a plan for the County within 60 days
but not less than 30 days after the latest official published census figures are available or an
extension granted by the Court of Appeals, any registered voter may submit a plan to the County
Apportionment Commission for approval. From the plans submitted, the County Apportionment
Commission shall choose a plan meeting the requirements of law. The plan chosen by the
County Apportionment Commission shall be filed with the County Clerk within 30 days of the
initial or extended deadline for filing its plan, at which time the plan shall become effective.
12
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.
17
Section 5.4 Appeal of an Apportionment Plan
Unless otherwise provided by law, any registered voter of the County may, within 30
days of the filing of the plan with the County Clerk, petition the Court of Appeals to determine if
the plan complies with the law and this Charter. A decision of the Court of Appeals may be
appealed to the State Supreme Court as provided by law.
Section 5.5 Final Apportionment Plan
A final apportionment plan is effective until a new plan is adopted after release of the
next United States official decennial census figures.
Section 5.6 Elections
The election of Countywide Elected Officials and Commissioners shall be conducted at
the times and in the manner required by this Charter and law.
ARTICLE VI
DEPARTMENTS HEADED BY COUNTYWIDE ELECTED OFFICIALS
Section 6.1 Sheriff
The department of sheriff is created. The head of the department is the elected sheriff.
6.L1 The powers and duties of the department are those provided by law for a county
sheriff.
6.1.2 The department may contract with units of government within the County to
provide services to such units upon approval of the Executive and the Commission.
Section 6.2 Prosecuting Attorney
The department of prosecuting attorney is created. The head of the department is the
elected prosecuting attorney.
6.2.1 The powers and duties of the department are those provided by law for a
prosecuting attorney.
Section 6.3 County Clerk and Register of Deeds
The departments of county clerk and register of deeds are created and shall remain
combined as they existed at the effective date of this Charter. The head of the combined
departments is the elected county clerk.
13
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
18
6.3.1 The powers and duties of the department are those provided by law for county
clerks and registers of deeds.
6.3.2 The department shall maintain central records of the County as provided by law
or ordinance. The county clerk, with the assistance of the Executive, shall preserve and keep all
records and materials of the first and any future Charter Commission, including but not limited
to, all audio and video recordings of the Charter Commission and its committees.
Section 6.4 County Treasurer
The department of county treasurer is created. The head of the department is the elected
treasurer.
6.4.1 The powers and duties of the department are those provided by law for a county
treasurer, including the receipt, deposit, and investment of funds belonging to and under the
control of the County.
Section 6.5 Public Works
The department of public works is created. The head of the department is the elected
public works commissioner.
6.5.1 The powers, duties, and functions of the department are the powers, duties, and
functions of the public works commissioner combined with the powers, duties, and functions of
the drain commissioner as existed at the effective date of this Charter.
6.5.2 The public works commissioner shall be elected in the same manner and for the
same term as a county drain commissioner as provided by law.
Section 6.6 General Provisions
6.6.1 The Countywide Elected Officials provided for in this Article shall be elected on
a partisan basis. The powers and duties specifically delegated by this Charter to departments
created by this Article shall not be reassigned by an Organization Plan, but additional powers and
duties may be assigned by an Organization Plan to any department.
6.6.2 The Countywide Elected Officials provided for in this Article shall manage their
departments and exercise their powers and duties within authorized budget appropriations.
These departments are part of County government and do not exist as separate or independent
entities except as provided by law.
6.6.3 A vacancy in an office created under this Article occurs, and shall be filled within
90 days, in the manner provided by law. If the next general November election is to be held
more than 182 days after the vacancy occurs, and is not the general November election at which
a successor in office would be elected if there were no vacancy, the person appointed shall hold
14
Approved by the Macomb County Charter Commission on June 17, 2009. 19Approved by IVIichigan Governor Jennifer M, Granholm on Juiy 21, 2009.
office only until a successor is elected at the next general November election in the manner
provided by law and qualifies for office. The successor shall hold the office for the remainder of
the unexpired term.
6.6.4 The existence, organization, qualifications, powers, and duties of the Countywide
Elected Officials and departments created by this Article shall continue as they existed upon the
effective date of this Charter, but shall be subject to the following:
(a) The Michigan Constitution and state law;
(b) AH Charter provisions of general or specific applicability; and
(c) All personnel, budgeting, and expenditure recommendations of the Executive as
approved by the Commission.
6.6.5 The Countywide Elected Officials provided for in this Article shall not cause the
expenditure of taxpayer funds or public monies for legal counsel unless permitted by law, but
may seek advice and counsel from Corporation Counsel upon request. If a Countywide Elected
Official provided for in this Article desires to protect or seek authority to implement the rights,
powers, and duties of the office, the Executive may authorize the use of Corporation Counsel, or
the Commission may authorize the use of independent legal counsel, to seek injunctive,
mandamus, or declaratory relief from a court of competent jurisdiction to clarify or enforce the
rights, powers, and duties of the office. Individual departments shall not file suit against each
other, and any action against the County shall name the County as a party. All actions relating to
the rights, powers, or duties of a Countywide Elected Official provided for in this Article shall be
solely for injunctive, mandamus, or declaratory relief against the County.
ARTICLE VII
ADDITIONAL DEPARTMENTS AND OFFICES
Section 7.1 Planning and Economic Development
7.L1 The department of Planning and Economic Development is created. The
department shall:
(a) Promote, coordinate, and oversee economic development initiatives within the
County, including those that receive or will generate public funds;
(b) Prepare comprehensive plans for economic development and represent the
County in economic development planning activities with other jurisdictions;
(c) Assist the Executive in planning related to the properties owned by the County,
and undertake planning for the development of those properties;
(d) Make available to cities, townships, and villages in the County, at their request,
advice and assistance on matters related to planning functions of the County;
and
(e) Address matters related to the planning functions of the County.
15
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
20
Section 7.2 Health and Community Services
7.2.1 The department of Health and Community Services is created. The department
shall:
(a) Supervise and carry out the performance of County public health and
community service programs; and
(b) Supervise and carry out environmental protection programs.
7.2.2 The office of senior services is created. The office shall coordinate the
operations of the County that provide services for the aging and senior citizens, and shall serve
within County government as the advocate for senior citizens. The office shall be supervised
by an Appointee of the Executive subject to confirmation by the Commission. The
coordination of services for the aging and for seniors and the advocacy for senior citizens may
not be removed from this office by an Organization Plan.
Section 7.3 Human Resources and Labor Relations
7.3.1 The department of Human Resources and Labor Relations is created. The
department of Human Resources and Labor Relations shall:
(a) Formulate and direct the County's overall human resource program;
(b) Negotiate all labor and employee relations matters on behalf of the County;
(c) Administer collective bargaining agreements of the County;
(d) Establish employment specifications and protocols for County Employees not
covered by civil service; and
(e) Assist the civil service commission.
7.3.2 Notwithstanding the requirements set forth in Section 7.3.1, the Executive shall
submit all collective bargaining agreements to the Commission for final ratification or rejection.
Section 7.4 Finance
The department of Finance is created. The department of Finance shall:
(a) Effectuate the provisions of Article VIII of this Charter; and
(b) Administer financial affairs of the County in accordance with law.
Section 7.5 Corporation Counsel
7.5.1 The office of Corporation Counsel is created. Corporation Counsel shall be the
chief legal counsel to the County and:
(a) Direct and supervise the office of Corporation Counsel;
(b) Represent the County, the Executive, the Commission, the department heads, and
Agencies in civil legal matters affecting the County, except as provided by
Charter, law, or ordinance; and
16
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granhoim on July 21, 2009.
21
(c) Represent the Countywide Elected Officials created by Article VI in the manner
provided in Article VI of this Charter.
7.5.2 Corporation Counsel shall be appointed by the Executive and confirmed by the
Commission.
7.5.3 Corporation Counsel may:
(a) Hire assistant attorneys within budgetary appropriations in accordance with the
policies of the County;
(b) Appoint special counsel upon approval of the Commission; and
(c) Keep the Executive and the Commission advised on pending litigation matters on
a periodic basis.
7.5.4 Corporation Counsel and all assistant attorneys shall be licensed to practice law in
the State of Michigan.
7.5.5 The Executive and the Commission shall include in the general fund of the annual
budget for each fiscal year, such sums as the Executive and the Commission deem necessary for
the Corporation Counsel to carry out its duties.
Section 7.6 General Provisions Governing Departments and Agencies
Agencies of the County may be created only by ordinance or an Organization Plan or as
otherwise provided by law. All departments created by this Article shall perform such other
duties as required by this Charter, law, Organization Plan, or the Executive.
Section 7.7 Directors
Each department created in this Article shall be headed by an at will director. With the
approval of the Executive, a director may hire employees within budgetary appropriations in
accordance with the policies of the County.
ARTICLE VIII
FINANCE
Section 8.1 Financial Management Principles
The County shall employ generally accepted principles of accounting, auditing, and
reporting appropriate for local government and as required by law.
Section 8.2 Fiscal Year
The fiscal year of the County shall be established by ordinance as permitted by law.
17
Approved by the Macomb County Charier Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.
22
Section 8.3 Independent Audit
8.3.1 The Commission shall establish fi'om its members an Audit Committee. The
Executive, with the consent of the Audit Committee, shall hire an independent certified public
accountant to conduct an annual independent audit as required by law. The Audit Committee
shall cause to be conducted such other audits as determined necessary by the Audit Committee,
subject to the appropriations in the County's annual budget for such purpose.
8.3.2 Financial reports and audits shall be prepared, transmitted, and filed as required
by law and ordinance and shall be available for public inspection.
Section 8.4 Debt Limit and Borrowing Authority
The County may borrow in accordance with applicable law, except the County shall not
incur any indebtedness which shall exceed 10% of the state equalized value of the taxable
property within the County.
Section 8.5 Taxing Authority
8.5.1 The County may by ordinance levy and collect any tax, fee, rent, toll, or excise
authorized by law.
8.5.2 The County may levy an ad valorem property tax not in excess of 1% of the state
equalized valuation of the taxable property within the County. The levy of taxes from within the
ad valorem property tax limitation shall not exceed, unless otherwise approved by the electors,
5.19 mills as is adjusted currently and may be adjusted in the future by applicable constitutional
and statutory requirements. An increase in the tax authorization may be approved by the voters
of the County for a period of not more than 20 years.
Section 8.6 Budget Preparation and Transmittal
8.6.1 The Executive shall prepare and administer a comprehensive balanced budget in a
manner which assures coordination among Agencies. The Executive shall transmit the
comprehensive balanced budget for the next fiscal year to the Commission at least 90 days
before the next fiscal year begins. The comprehensive balanced budget prepared and
recommended by the Executive shall contain, at a minimum, the budget message, budget
document, the proposed appropriations ordinance containing the information required by law,
and any information required by the Commission, law, or ordinance.
8.6.2 Not less than once each year the Executive shall submit to the Commission a
proposed long-range capital improvement program and capital budget.
18
Approved by the Macomb County Charter Commission on June 17,2009.Approved by Michigan Governor Jennifer M. Granhoim on Juiy 21, 2009.
23
Section 8.7 Adoption of Line Item Operating Budget
Before the beginning of eacii fiscal year of the County, the Commission shall adopt a
balanced line item operating budget and an appropriations ordinance in accordance with the
requirements of law.
Section 8.8 Budget Deficits
8.8.1 If a deficit condition exists at the end of any fiscal year, the Executive shall
submit to the governor and state legislature, upon approval by the Commission, a specific 5-year
plan for short-term financial recovery and long-term financial stability prior to the adoption of
the next annual budget. The 5-year plan shall include those items required by law.
8.8.2 As used in this Section, and unless otherwise provided by law, the term "deficit
condition" means a situation where, at the end of a fiscal year, total expenditures, including an
accrued deficit, exceed total revenues for that fiscal year, including any surplus carried forward.
Section 8.9 Transfers and Impoundments
Transfers among appropriations and impoundments of appropriations may only be made
in accordance with the appropriation ordinance as adopted or amended.
Section 8.10 Purchasing
The Commission shall adopt comprehensive policies and procedures governing the
awarding of contracts, including the procurement and handling of services, supplies, materials,
and equipment. These policies shall be consistent with federal and state law, the Charter, and
ordinances, resolutions, and policies of the Commission. The Executive shall implement the
policies adopted by the Commission, including requirements for competitive bidding and the use
of sealed bids for purchases and contracts specified by ordinance.
Section 8.11 Budget Reductions
8.11.1 If the Executive certifies to the Commission a reduction in estimated revenue of any
type that would cause an expenditure of an approved appropriation to exceed the available revenue
and submits a proposed appropriation reduction, the Commission shall reduce appropriations to avoid
the deficit. If the Commission fails to amend the appropriation ordinance within 45 days after the
certification of the reduced revenue, the requested appropriation reduction submitted by the
Executive becomes effective.
8.11.2 If the Executive certifies to the Commission that expenditures have exceeded
appropriated levels and submits a proposed appropriation amendment, the Commission shall amend
appropriations to avoid the deficit. If the Commission fails to amend the appropriation ordinance
within 45 days after the certification of the excess expenditures, the requested appropriation
amendment submitted by the Executive becomes effective.
19
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer l\/l. Granhoim on Juiy 21, 2009.
24
ARTICLE IX
RETIREMENT SYSTEM
Section 9.1 Retirement System
The Macomb County Retirement System created by ordinance in effect at the time of
adoption of this Charter shall continue. The accrued rights and benefits of the Countywide
Elected Officials, Commissioners, and Employees of the County are recognized and this Charter
shall not infringe upon or be in derogation of those accrued rights and benefits. The Commission
may amend the ordinance creating the County Retirement System.
Section 9.2 Retirement Commission
The Retirement Commission existing when this Charter becomes effective shall continue,
except the County's representatives on the Retirement Commission shall be the Executive or
designee; the County Treasurer or designee; and the Chair of the Commission or designee. The
remaining 4 members shall consist of the Chair of the Road Commission of Macomb County or
designee, or director of the department responsible for its functions if the Road Commission of
Macomb County is reorganized, and 3 active Employees elected by active Employees in the
manner provided by the rules and regulations adopted by the Retirement Commission. One
additional non-voting member shall be elected by retired County employees in the manner
provided by rules and regulations to be adopted by the Retirement Commission. The term of
each elected member is 3 years, with 1 term expiring each year unless otherwise provided by
ordinance. Active Employees holding a position when this Charter becomes effective shall
continue in those positions for the term to which they were elected. The Retirement Commission
shall administer and manage the Retirement System. The costs of administration and
management of the Retirement System shall be paid from the investment earnings of the
Retirement System.
ARTICLE X
SPECIFIC POWERS AND PROVISIONS
Section 10.1 Civil Service
A system of civil service in effect at the effective date of this Charter shall be continued.
The rights and status of persons in the civil service system are recognized and this Charter shall
not infringe upon nor be in derogation of those rights and that status. This Charter does not
preclude future modification of the system of civil service in the manner provided by ordinance
and as permitted by law.
20
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granhoim on Juiy 21, 2009.
25
Section 10.2 Initiative, Referendum, and Recall
10.2.1 The people of the County reserve the powers of initiative and referendum as
provided by law. The process for the exercise of such powers shall be established by ordinance.
The power of initiative may be invoked by petition signed by registered electors constituting not
less than 8 percent, and the power of referendum may be invoked by petition signed by
registered electors constituting not less than 5 percent, of the total vote cast within the County for
all candidates for governor at the last preceding general election at which a governor was elected.
The power of referendum does not extend to ordinances making or reducing appropriations.
10.2.2 The people of the County reserve the power to recall Countywide Elected
Officials and Commissioners as provided by law.
Section 10.3 Insurance and Bonding
Any Agency not under the direct supervision of the Commission before the effective date
of this Charter shall provide to the County such insurance, bonds, and contributions to self
insurance programs as the Executive shall require, upon approval by the Commission.
Section 10.4 Public Utilities
The acquisition, operation, and sale of public utility facilities by the County for
furnishing light, heat, or power are subject to the restrictions imposed on cities and villages by
the Constitution and applicable law.
Section 10.5 Charter Amendment
10.5.1 Amendments may be proposed to this Charter by petition of the registered
electors of the County. A petition shall include the full text of the proposed amendment, and be
signed by registered electors of the County constituting not less than 10 percent of the total votes
cast for all candidates for governor at the most recent gubernatorial election. The procedures for
proposing amendments to this Charter shall be established by ordinance.
10.5.2 Amendments to this Charter may be proposed by resolution adopted by at least
2/3 of the Commissioners serving. A proposed amendment shall be submitted to the electors at
the next general election following adoption of the resolution. If a majority of electors approve a
proposed amendment, it becomes part of this Charter 45 days after certification of the election at
which it was approved.
10.5.3 At the general election to be held in the year 2014, and in each 10^'^ year
thereafter, the question of a general revision of this Charter shall be submitted to the electors of
the County. If a majority of the electors voting on the question decide in favor of a charter
commission being elected in accordance with state law for such purpose, the provisions of state
law shall govern to create a Charter Commission to prepare and present an amended or new
county charter to the electors.
21
Approved by the Macomb County Charter Commission on June 17,2009.
Approved by Michigan Governor Jennifer M. Granhoim on Juiy 21, 2009.
26
Section 10.6 Effect of Removal, Resignation, or Retirement
10.6.1 A person who has been removed from office pursuant to this Charter or state
law, or who has resigned from office after a petition for recall has been filed with the County
Clerk, or in anticipation of disciplinary action, or after a complaint or investigation has been
received or undertaken by the Ethics Board, is not eligible to be elected or appointed to any
County office for 2 years after such removal or resignation.
10.6.2 No full-time employee who has retired from County service shall be re¬
employed in the same capacity, whether by contract or otherwise, within 1 year after the
person's retirement benefit commences, unless:
(a) An applicable collective bargaining agreement specifically allows for such return;
(b) The individual returns pursuant to a deferred retirement option program contract;
or
(c) The Executive recommends and the Commission approves the re-employment.
Section 10.7 Public Defender
The creation of an office of Public Defender is authorized.
Section 10.8 Additional Functions or Services
The County may perform any ftanction or service, and establish or maintain any facilities,
not prohibited by law which are necessary or beneficial to the public health, safety, and general
welfare of the County. However, powers granted solely by this Charter may not be exercised by
the County in a local unit of government which is exercising a similar power without the consent
of the local legislative body.
Section 10.9 Economic Development
The County may create and implement economic development programs, including: (1)
the provision of grants for capital development, job creation, and the retention of jobs and
capital; (2) the granting of tax abatements; (3) the provision of other incentives for private
development; and (4) the exercise of any other power provided by law. The County Executive
shall administer economic development programs, in coordination with the Director of Planning
and Economic Development, pursuant to an ordinance adopted by the Commission or as
provided by law.
Section 10.10 Oath of Office
The Countywide Elected Officials and Commissioners shall take and subscribe to the
oath as provided in Section 1 of Article 11 of the Constitution before entering upon the duties of
office.
22
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on Juiy 21, 2009.
27
Section 10.11 Compensation
10.11.1 The Commission shall establish the compensation of Countywide Elected
Officials and Commissioners by ordinance. An increase in compensation for a Countywide
Elected Official or Commissioner is not effective until the commencement of a new term and the
ordinance shall be adopted before the next candidate filing deadline for the office.
10.11.2 The Commission shall not utilize any means or mechanism, whether available
under state law or otherwise, which would result in a compensation adjustment or
recommendation for Countywide Elected Officials or Commissioners that would become
effective without adoption by the Commission.
Section 10.12 Removal from Office
In addition to other removal processes provided by law, a Public Servant or contracted
employee of the County not subject to a collective bargaining agreement or civil service may be
removed fi-om office or employment by the following process:
(a) The Ethics Board has the authority to recommend removal for criminal or corrupt
conduct arising out of or occurring in the course of the conduct of the Public Servant. If the
Ethics Board finds by a preponderance of the evidence that a Public Servant or contracted
employee of the County has committed criminal or corrupt conduct arising out of or related to
the conduct of the person's office or position, the Ethics Board shall refer the matter to the
Commission, or other appropriate official or agency, for removal from office or employment. A
Majority of the Ethics Board shall be necessary to adopt a recommendation for removal.
(b) Every recommendation for removal that is received from the Ethics Board shall
be deliberated and decided by the Commission. The Commissioners shall truly and impartially
try and determine the recommendation for removal according to the evidence. A resolution for
removal from office or employment shall be approved by a roll call vote of 2/3 of the
Commissioners serving.
(c) The Commission shall provide by ordinance for the process that will govern
consideration of recommendations for removal made by the Ethics Board in accordance with this
section. The standard for removal shall be, at a minimum, a preponderance of the evidence.
Such process shall be modeled, to the extent practical, after the impeachment process set forth by
law for removal of civil officers. The ordinance may allow for the adoption of rules and
regulations to be followed by the Commission when conducting a hearing on a recommendation
for removal.
Section 10.13 Veterans' Affairs
The Department of Veterans' Affairs existing at the time this Charter becomes effective
shall continue and be exempt from reorganization in an Organization Plan subject to law and to
the extent of available millage funding for veterans' affairs.
23
Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.28
Section 10.14 Community Mental Health
The Community Mental Health Agency existing at the time this Charter becomes
effective, including its administration of substance abuse services, shall continue and be exempt
from reorganization in an Organization Plan subject to law and to the extent of state and federal
funding for community mental health.
ARTICLE XI
TRANSITIONAL PROVISIONS
Section 11.1 Ordinances Continued
Ordinances, resolutions, rules, and regulations in force when this Charter takes effect
shall remain effective unless changed by this Charter or an ordinance or resolution adopted
under this Charter.
Section 11.2 Laws Continued
The general statutes and local acts of this State regarding counties and Countywide
Elected Officials and Commissioners shall continue in effect except to the extent that this
Charter provides otherwise.
Section 11.3 Succession of County Rights
The County, as created and structured under this Charter, succeeds to and is vested with
the property, real and personal, money, rights, credits, and effects, and the records, files, books,
and papers belonging to the County as it formerly existed. Neither the rights nor the liabilities
existing when it becomes a Home Rule County, nor a suit or prosecution of any kind commenced
before, and continuing at the time it becomes a Home Rule County is, in any manner, affected by
the change, but is to continue, stand, or progress as if the change had not been made. The debts
and liabilities of the County, the authorized tax rates approved by the voters, and taxes and
assessments levied and uncollected at the time of the change remain effective until they expire,
are discharged, or collected the same as if the change to home rule had not been made.
Section 11.4 Continuity of Government
Except as provided in this Charter, all existing County offices, boards, commissions, and
departments existing on the date this Charter becomes effective shall continue and perform their
duties unless reorganized or discontinued by an Organization Plan. Committees of the
Commission established before the effective date of this Charter shall cease to exist but new
committees may be created by the Commission.
24
Approved by the Macomb County Charter Commission on June 17. 2009.Approved by Michigan Governor Jennifer M. Granhoim on Juiy 21, 2009.
29
Section 11.5 Road Commission of Macomb County
11.5.1 Subject to subsection 11.5.2, the Road Commission of Macomb County,
consisting of 3 members, 1 of whom shall be a resident of a township within the County, is
created pursuant to this Charter as required by law. The Road Commission of Macomb County
existing prior to the effective date of this Charter shall continue and becomes the home rule Road
Commission of Macomb County created by this section unless reorganized as permitted or
required by law. All applicable requirements of the Michigan Constitution and state law shall
continue to govern the Road Commission of Macomb County. This Charter shall not be
construed in derogation of the powers and duties of the Road Commission of Macomb County in
the exercise of its statutory duties.
11.5.2 If the voters of the County, pursuant to law, approve the reorganization of the
board of county road commissioners, the Road Commission of Macomb County existing prior to
the effective date of this Charter shall cease to exist and all duties and functions of the Road
Commission of Macomb County shall be assumed by a Department of Roads, which shall be
subject to an Organization Plan with its core functions remaining intact.
Section 11.6 Continuation of Previously Approved Tax Authorizations
All tax authorizations in effect at the effective date of this Charter shall remain in effect
at the levels and for the years so authorized. Authorized taxes as approved by the electorate shall
not be increased or decreased by the enactment of this Charter.
Section 11.7 Salaries and Benefits on Effective Date of Charter
11.7.1 The initial compensation for the first Executive who takes office when this
Charter becomes effective shall be 8 times the minimum salary authorized for the lowest paid
full-time County Employee on the date the Charter becomes effective. The Commission shall
determine the compensation of the initial Executive for the remainder of the term of office by
ordinance within 60 days of the effective date of this Charter.
11.7.2 The initial benefits for the first Executive who takes office when this Charter
becomes effective shall be the same as those provided to the other Countywide Elected Officials.
11.7.3 The salaries and benefits for the first Countywide Elected Officials provided for
in Article VI who are already serving when this Charter becomes effective shall be continued
until modified as permitted by this Charter or by law.
11.7.4 The Organization Plan shall include the initial compensation for the directors of
the departments established in Article VII and any other departments included in the
Organization Plan. The compensation for all Appointees and Employees of the County at the
effective date of this Charter shall be continued until modified as permitted by this Charter or
law.
25
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer M. Granholm on Juiy 21,2009.30
Section 11.8 Initial Organization
The Executive shall have up to 180 days to submit to the Commission the first
Organization Plan required by this Charter.
Section 11.9 Transitional Apportionment
11.9.1 The existing County Apportionment Commission shall provide the apportionment
plan as provided by law for the initial election of Commissioners under this Charter in the 2010
primary and general elections.
11.9.2 This section is effective upon adoption of this Charter.
Section 11.10 Effective Date
This Charter takes effect on January 1, 2011.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 12.1 Public Meetings
Meetings of the Commission and all other County boards, commissions, and committees
shall be public as provided by law.
Section 12.2 Freedom of Information
County records are public to the extent provided by law.
Section 12.3 Severability
If any provision of this Charter or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the Charter.
26
Approved by the Macomb County Charter Commission on June 17, 2009.
Approved by Michigan Governor Jennifer iVI. Granhoim on July 21, 2009.
31
AGREEMENT FOR I.T. SERVICES
BETWEEN
OAKLAND COUNTY
AND
Macomb County
This Agreement (the "Agreement") is made between Oakland County, a Constitutional and Municipal
Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ('County"), and the Macomb County, 1
South Main Mt. Clemens, MI 48043, ('Tublic Body"). County and Public Body may also be referred
to jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement for the purpose
of providing Information Technology Services ("I.T. Services") for Public Body pursuant to Michigan
law.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, or addendum.
1.2. Claims means any alleged losses, claims, complaints, demands for relief or damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable
attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or
asserted against County, or for which County may become legally and/or contractually
obligated to pay or defend against, whether direct, indirect or consequential, whether based
upon any alleged violation of the federal or the state constitution, any federal or state
statute, rule, regulation, or any alleged violation of federal or state common law, whether
any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
1 -3. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
^ -4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.5. Public Body means the Macomb County, which is an entity created by state or local
authority or which is primarily funded by or through state or local authority, including, but
not limited to, its council. Board, any and all of its departments, its divisions, elected and
appointed officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or
any such persons' successors. For purposes of this Agreement, Public Body includes any
Michigan court, when acting in concert with its funding unit, to obtain I.T. Services.
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I.T. SERVICES - INTERLOCAL AGREEMENT Augus! 7, 2013
1.6. Public Body Employee means without limitation, any employees, officers, directors,
members, managers, trustees, volunteers, attorneys, and representatives of Public Body,
and also includes any Public Body licensees, concessionaires, contractors, subcontractors,
independent contractors, contractor's suppliers, subsidiaries, joint ventures or partners,
and/or any such persons, successors or predecessors, employees, (whether such persons act
or acted in their personal, representative or official capacities), and/or any and all persons
acting by, through, under, or in concert with any of the above who have access to the T.T.
Services provided under this Agreement. "Public Body Employee" shall also include any
person who was a Public Body Employee at any time during the term of this Agreement
but, for any reason, is no longer employed, appointed, or elected in that capacity.
1.7. Points of Contact mean the individuals designated by Public Body and identified to
County to act as primary and secondary contacts for communication and other purposes as
described herein.
1.8. I.T. Services means the following individual 1,T. Services provided by County's
Department of Information Technology, if applicable:
1.8.1. Online Payments mean the ability to accept payment of monies owed to Public
Body Initiated via a web site maintained by County using a credit card or electronic
debit of a checking account.
1.8.2. Pay Local Taxes means the ability to accept payment of local property taxes owed
to Public Body initiated via a web site maintained by County using a credit card or
electronic debit of a checking account. (Does not apply to Public Bodies outside of
Oakland County)
1.8.3. Web Publishing Suite means the ability for public bodies to have and/or manage a
public web presence using standard Oakland County technologies and platforms,
template-based solutions, semi-custom web site designs, content management,
and/or support services.
1.8.4. Internet Service means access to the Internet from Public Body's workstations.
Access from the Internet to Public Body's applications, whether at County or at
Public Body (hosting), is not included.
1.8.5. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.8.6. Email Service means access to the designated application provided by County for
sending and receiving electronic mail messages by Public Body.
1.8.7. Health Portal means a portal where registered schools, community dispensing
sites, nurses, district administrators and doctors can effectively communicate with
the health department regarding reportable communicable diseases.
1.8.8. Over The Counter Payments means the ability to accept payment of monies owed
to Public Body initiated via a magnetic stripe reader attached to an on-premise
computer with access to a web site maintained by County using a credit card.
1.8.9. Data Center Use and Services means providing space for Public Body's
equipment in County's Data Center and access to electrical power and back up
power.
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I.T. SERVICES - INTERLOCAL AGREEMENT
August 7, 2UI3
1.9. Service Center means the location of technical support and information provided by
County's Department of Information Technology (I.T.)
1.10. Exhibits mean the following descriptions ofT.T. Services which are governed by this
Agreement only if they are attached to this Agreement and incorporated in Section 2 or
added at a later date by a formal amendment to this Agreement:
Exhibit I: Online Payments
Exhibit II: Pay Local Taxes
Exhibit III: Web Publishing Suite
Exhibit TV: Internet Service
Exhibit V: Oalaiet Connectivity
Exhibit VI: Email Service
Exhibit VII: Health Portal
Exhibit VIII: Over The Counter Payments
Exhibit IX: Data Center Use and Services
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
described in Exhibits I, VIII and IX which are attached and incorporated into this
Agreement.
2.2. County shall support the I.T. Services as follows:
2.2.1. Access. County will provide secure access to I.T. Services for use on hardware that
is to be provided by Public Body as part of its own computer system.
2.2.2. Maintenance and Availability. County will provide maintenance to its computer
system to ensure that the I.T. Services are functional, operational, and work for
intended purposes. Such maintenance to County's system will include "bug" fixes,
patches, and upgrades, such as software, hardware, database and network upgrades.
The impact of patches and/or upgrades to the applications will be thoroughly
evaluated by County and communicated to Public Body through their Primary
Points of Contact prior to implementation in Public Body's production
environment. County will reserve scheduled maintenance windows to perform
these work activities. These maintenance windows will be outlined specifically for
each application in the attached Exhibits.
2.2.2.1. If changes to scheduled maintenance windows or if additional
maintenance times are required, County will give as much notice of or
lead time for such times as possible.
2.2.2.2. During maintenance windows, access to the application may be restricted
by County without specific, prior notification.
2.3. County may deny access to I.T. Services so that critical unscheduled maintenance (i.e.
break-fixes) may be performed. County will make prompt and reasonable efforts to
minimize unscheduled application downtime. County will notify the Points of Contact
about such interruptions with as much lead time as possible.
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I.T. SERVICES - INTERLOCAL AGREEMENT
August 7, 2QI3
Backup and Disaster Recovery.
2.4.1. County will perform daily backups of all LT. Services except for the I.T. Services
described in Exhibit LX Data Center Use and Services. Copies of scheduled
backups will be placed offsite for disaster recovery purposes.
2.4.2. County will maintain a Disaster Recovery ("DR") Toolkit that will be used to
recover applications during a disaster or failure of County's computer system. All
applications will be included in County's scheduled Disaster Recovery Test. DR
Toolkit updates will be made by County as necessary.
Auditing. County may conduct scheduled and unscheduled audits or scans to ensure the
integrity of County's data and County's compliance with Federal, State and local laws and
industry standards, including, but not limited to, the Health Insurance Portability and
Accountability Act (HIPAA) and Payment Card Industry Data Security Standard (PCI
DSS.)
Training and Information Resources. County may provide training on use of the LT.
Services on an as-needed basis.
Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number or e-mail provided below. The
Service Center is staffed to provide support during County's normal business hours of 8:30
a.m. EST to 5:00 p.m. EST, Monday through Friday, excluding holidays. The Service
Center can receive calls to report I.T. Service outages 24 hours a day, 7 days a
week. Outages are defined as unexpected service downtime or error messages. Depending
on severity, outage reports received outside of County's normal business hours may not be
responded to until the resumption of County's normal business hours.
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenterC^.oakeov.com
County may access, use and disclose transaction information and any content to comply
with the law such as a subpoena, Court Order or Freedom of Information Act request.
County shall first refer all such requests for information to Public Body's Points of Contact
for their response within the required time frame. County shall provide assistance for the
response if requested by the Public Body's Points of Contact, and if able to access the
requested information. County shall not distribute Public Body's data to other entities for
reasons other than in response to legal process.
I.T. service providers require County to pass through to Public Bodies certain terms and
conditions contained in license agreements, service agreements, acceptable use polices and
similar terms of service, in order to provide I. T. Services to Public Bodies. Links to these
terms will be listed on the County's G2G Cloud Solutions web site which will be
provided. County will provide notice when it becomes aware of changes to the terms of
these agreements.
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I.T. SERVICES - INTERLOCAL AGREEMENT August 7, 2013
PUBLIC BODY RESPONSIBILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the l.T. Services
and any breach of security of the l.T. Services. Public Body shall cooperate with County in
all investigations involving the potential misuse of County's computer system or data.
3.2. Public Body is the owner of all data provided by Public Body and is responsible to provide
all initial data identified in the attached Exhibits, in a format acceptable to County. Public
Body is responsible for ensuring the accuracy and currency of data contained within its
applications.
3.3. Public Body shall follow County's l.T. Services requirements as described on G2G Cloud
Solutions web site. Public Body shall comply with County's minimum standards for each
Internet browser used by Public Body to access l.T. Services under this Agreement as well
as any hardware requirements. Public Body shall meet any changes to these minimum
standards that County may reasonably update from time to time.
3.4. Public Body shall not interfere with or disrupt the l.T. Services provided herein or
networks connected with the l.T. Services.
3.5. Public Body requires that each Public Body Employee with access to l.T. Services shall:
3.5.1. Utilize an antivirus software package/system on their equipment and keep same
updated in a reasonable manner.
3.5.2. Have a unique User ID and password that will be removed upon termination of
Public Body Employee's employment or association with Public Body.
3.5.3. Maintain the most reasonably current operating system patches on all equipment
accessing the l.T. Services.
3.6. If authorized by County, Public Body may extend l.T. Services to other entities, if County
authorizes Public Body to provide access to any l.T. Services to other entities, Public Body
shall require those entities to agree to utilize an antivirus software package/system on
computers accessing the l.T. Services and to assign users of the l.T. Services a unique User
ID and password that will be terminated when a user is no longer associated with the entity.
3.7. For each l.T. Service covered by an Exhibit to this Agreement, Public Body shall designate
two representatives to act as a primary and secondary Points of Contact with County. The
Points of Contact responsibilities shall include:
3.7.1. Direct coordination and interaction with County staff.
3.7.2. Communication with general public supported by Public Body.
3.7.3. Following County's procedures to report an application incident.
3.7.4. If required by County, attend training classes provided by County either online or at
County's Information Technology Building in Waterford, Michigan or other
suitable location determined by County.
3.7.5. Providing initial support services to Public Body users prior to logging a Service
Center incident with County.
3.7.6. Requesting security changes and technical support from the Service Center.
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l.T. SERVICES - INTERLOCAL AGREEMENT August 7, 2013
3.7.7. Testing Applications in conjunction witii County, at the times determined by
County. The testing location will be determined by County and will be at Public
Body's location or at County.
3.7.8. To report a service incident to the Service Center, one of Public Body's Points of
Contact shall provide the following information:
3.7.8.1. Contact Name
3.7.8.2. Telephone Number
3.7.8.3. Email Address
3.7.8.4. Public Body Name
3.7.8.5. Application and, if possible, the specific module with which the incident
is associated.
3.7.8.6. Exact nature ofthe problem or function including any error message that
appeared on the computer screen.
3.7.8.7. Any action the Points of Contact or user has taken to resolve the matter.
3.8. Public Body may track the status ofthe incident by calling the Service Center and
providing the Incident Number.
3.9. Public Body shall respond to Freedom of Information Act Requests relating to Public
Body's data.
3.10. I.T. service providers require County to pass through to Public Bodies certain terms and
conditions contained in license agreements, service agreements, acceptable use polices and
similar terms of service, in order to provide I. T. Services to Public Bodies. Public Bodies
agree to comply with these terms. Public Body may follow the termination provisions of
this Contract if it determines that it will not be able to comply with any ofthe terms.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. This Agreement and any amendments to the terms of the Agreement shall be effective
when executed by both Parties with concurrent resolutions passed by the governing bodies
of each Party. The approval and terms of this Agreement and any amendments , except as
specified below, hereto shall be entered in the official minutes of the governing bodies of
each Party. An executed copy of this Agreement and any amendments shall be filed by the
County Clerk with the Secretary of State. If the Public Body is a Court, a signature from
the Chief Judge of the Court shall evidence approval by the Public Body. Providing a
resolution and minutes does not apply.
4.2. The Chairperson of the Oakland County Board of Commissioners is authorized to sign
amendments to Agreements for the purpose of adding a Service(s) Exhibit(s) that were
previously approved by the Board of Commissioners and defined in the executed
Agreement but are requested by Public Body after they approved the Agreement. The
amendment signed by the Board Chairperson under this Section must be sent to the
Election Division in the Clerk's Office to be filed with the Agreement once it has been
signed by both Parties.
4.3. Unless extended by mutual, written agreement signed by both Parties, this Agreement shall
remain in effect for five (5) years from the date the Agreement is completely executed by
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I.T. SERVICES - INTERLOCAL AGREEMENT August ¦?, 2015
all Parties or until cancelled or terminated by any of the Parties pursuant to the termination
or cancellation of the Agreement Section herein.
PAYMENTS.
5.1. T.T. Services shall be provided to Public Body at the rates specified in the Exhibits, if
applicable.
5.2. Possible Additional Services and Costs: If County receives a subpoena or Court Order or
request from Public Body for assistance in responding to a Freedom of Information Act
Request concerning I.T, Services provided to Public Body under this Agreement, Public
Body shall reimburse County for all costs associated with compliance with the subpoena.
Court Order or Freedom of Information Act Request.
County shall provide Public Body with a detailed explanation of County's costs for I.T.
Services provided herein and/or statement describing any amounts owed to County. Public
Body agrees to pay the full amount shown on any such invoice within sixty (60) calendar
days after the date shown on any such invoice. Payment shall be sent to: Oakland County
Treasurers - Cash Acctg, Bldg 12 E 1200 N. Telegraph Rd Pontiac, Ml 48341, along with
a copy of the invoice.
5.3. If Public Body, for any reason, fails to pay County any monies when and as due under this
Agreement, Public Body agrees that unless expressly prohibited by law, County or the
Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited
to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any
setoff or retention of fiinds by County shall be deemed a voluntary assignment of the
amount by Public Body to County. Public Body waives any Claims against County or its
Officials for any acts related specifically to County's offsetting or retaining of such
amounts. This paragraph shall not limit Public Body's legal right to dispute whether the
underlying amount retained by County was actually due and owing under this Agreement.
5.4. If County chooses not to exercise its right to setoff or if any setoff is insufficient to fully
pay County any amounts due and owing County under this Agreement, County shall have
the right to charge up to the then-maximum legal interest on any unpaid amount. Interest
charges shall be in addition to any other amounts due to County under this Agreement.
Interest charges shall be calculated using the daily unpaid balance method and accumulate
until all outstanding amounts and accumulated interest are fully paid.
5.5. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies under this Agreement against Public Body to secure payment of
amounts due County under this Agreement. The remedies in this Section shall be available
to County on an ongoing and successive basis if Public Body at any time becomes
delinquent in its payment. Notwithstanding any other term and condition in this
Agreement, if County pursues any legal action in any court to secure its payment under this
Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and
court costs, incurred by County in the collection of any amount owed by Public Body.
ASSURANCES.
6.1. Each Party shall be responsible for any Claims made against that Party by a third party, and
for the acts of its employees arising under or related to this Agreement.
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Angus! 7, 2013
6.2. Except as provided for in Section 5.6, in any Claim that may arise from tiie performance of
this Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation, including judgments and attorney fees.
6.3. In the event of potential or actual litigation and/or Court action relating to I.T. Services,
Public Body shall comply with all Electronic Discovery requirements requested by County.
County shall comply with Electronic Discovery requirements relating to its computer
system.
6.4. Except as otherwise provided for in this Agreement, neither Party shall have any right
under this Agreement or under any other legal principle to be indemnified or reimbursed by
the other Party or any of its agents in connection with any Claim.
6.5. Public Body shall be solely responsible for all costs, fines and fees associated with any
misuse by its Public Body Employees of the I.T. Services provided herein.
6.6. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.7. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
6.8. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
7. DISCLAIMER OR WARRANTIES.
7.1. The I.T. Services are provided on an "as is" and "as available" basis. County expressly
disclaims all warranties of any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular purpose and non¬
infringement.
7.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be uninterrupted, timely, secure or error-free; (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
7.3. Any material downloaded or otherwise obtained through the use of the I.T. Services is
accessed at Public Body's discretion and risk. Public Body will be solely responsible for
any damage to its computer system or loss of data that results from downloading of any
material.
8. LIMITATION OF LIABILITY. In no event shall either Party be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
9. DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance,
or nonperformance of this Contract involving or affecting the Parties may first be submitted to
County Director of Information Technology and Public Body's Contract Administrator for
possible resolution. County Director of Information Technology and Public Body's Contract
Administrator may promptly meet and confer in an effort to resolve such dispute. If they cannot
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I.T. SERVICES - INTERLOCAL AGREEMENT Auyusl 7, 2tH3
resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of
this Contract or their successors in office. The signatories of this Contract may meet promptly
and confer in an effort to resolve such dispute.
10. TERMINATION OR CANCELLATION OF AGREEMENT.
10.1. Either Party may terminate or cancel this entire Agreement or any one of the I.T. Services
described in the attached Exhibits, upon sixty (60) days written notice, if either Party
decided, in its sole discretion, to terminate this Agreement, for any reason including
convenience.
10.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
10.3. The effective date oftermination and/or cancellation shall be clearly stated in the written
notice. Either the County Executive or the Board of Commissioners is authorized to
terminate this Agreement for County under this provision. A termination of one or more
services which does not constitute a termination of the entire Agreement may be accepted
on behalf of County by its Director of Information Technology,
11. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.T. Services for any of the following reasons: (i) requests by law
enforcement or other governmental agencies; (ii) engagement by Public Body in fraudulent or
illegal activities relating to the I.T. Services provided herein; (iii) breach of the terms and
conditions of this Agreement; or (iv) unexpected technical or security issues. The right to suspend
I.T. Services is in addition to the right to terminate or cancel this Agreement according to the
provisions in Section 10. County shall not incur any penalty, expense or liability if I.T. Services
are suspended under this Section.
12. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
13. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employer-employee relationship between County and Public Body.
14. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right
or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any
other person or entity.
15. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue
or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights
with regard to any existing or subsequent breach of this Agreement. No waiver of any term,
condition, or provision of this Agreement, whether by conduct or otherwise, in one or more
instances shall be deemed or construed as a continuing waiver of any term, condition, or provision
of this Agreement. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
16. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
17. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of and
conditions of any of the documents that comprise this Agreement, the terms in the Agreement
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I.T. SERVICES - INTERLOCAL AGREEMENT Augusl7, 2013
shall prevail and take precedence over any allegedly conflicting terms in the Exhibits or other
documents that comprise this Agreement.
18. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural, any
reference to gender, and any use of the nominative, objective or possessive case in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context requires.
19. FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither
Party shall be liable to the other for any failure of performance hereunder if such failure is due to
any cause beyond the reasonable control of that Party and that Party cannot reasonably
accommodate or mitigate the effects of any such cause. Such cause shall include, without
limitation, acts of God, fire, explosion, vandalism, national emergencies, insurrections, riots, wars,
strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction,
action, or request of the United States government or of any other government. Reasonable notice
shall be given to the affected Party of any such event.
20. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below, Notice will be deemed given on the date when one of
the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is
sent express delivery service or personal delivery; or (iii) three days after mailing first class or
certified U.S. mail.
20.1. If Notice is sent to County, it shall be addressed and sent to; Director, Oakland County
Department of Information Technology, 1200 North Telegraph Road, Pontiac, Michigan,
48341, and the Chairperson of the Oakland County Board of Commissioners, 1200 North
Telegraph Road, Pontiac, Michigan 48341.
20.2. If Notice is sent to Public Body, it shall be addressed to: Pamela Lavers, Macomb County,
1 South Main Mt. Clemens, Ml 48043.
20.3. Either Party may change the individual to whom Notice is sent and/or the mailing address
by notifying the other Party in writing of the change.
21. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall
be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of
the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
22. ENTIRE AGREEMENT.
22.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the specific services described in the attached Exhibits. With regard to those
services, this Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
Page 10 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT August 7, 2013
22.2. The Parties acknowledge that there may exist between them other individual
intergovernmental agreements under which County provides other I.T. Services to Public
Body. If any such intergovernmental agreements exist, they are identified in Attachment
A, incorporated here by reference.
22.3. Until the expiration date set forth in any such individual intergovernmental agreement, with
respect to the services which are the subject of the agreement, the Parties shall abide by the
terms and conditions in the specific agreement. With respect to the services which are the
subject of the agreement, its terms and conditions shall take precedence over the terms and
conditions in this Agreement.
22.4. No later than forty-five (45) days before the expiration date of any such agreement,
provided that County states, in writing, that it is willing to continue to provide the I.T.
Services to Public Body, and Public Body states, in writing, that it wishes to continue to
receive them, the Parties shall prepare a new Exhibit fully describing the I.T. Services. The
new Exhibit shall be attached to and incorporated into this Agreement without any other
action required by the Parties. At the expiration date set forth in any such individual
agreement, the terms and conditions of this Agreement shall govern the relationship of the
Parties and the manner in which the services described in the new Exhibit are provided and
received.
22.5. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
FN WITOESS WHEREOF, Pamela Lavers hereby acknowledges that he/she has been authorized by a
resolution of the Macomb County, a certified copy of which is attached, to execute this Agreement on
of this
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of
Commissioners, hereby aclmowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby
WITNESSED: i-DATE:
Page 11 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
Auggsl 7. 2013
2013-0542/n' Services Interlocal Municipality.docx
Page 12 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
Aggusl7, 2013
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
1) County will provide an LT. Service where the general public can make payments for any
type of fees or costs; i.e. pay property taxes, licenses, permits or traffic tickets by means of a
credit card or electronic check, utilizing the Internet.
2) Fees for the I.T. Service are described in Table 2, Support Costs.
3) County may provide the ability for the general public to initiate and maintain automatic
recurring payments to Public Body.
4) Public Body will be responsible for placing the URL provided by County onto their website
for this service.
5) If requested by Public Body, County will provide a single public web page that will reside on
County server(s) and include basic information with links to the I.T. Service for Online
Payments. County will not provide content management. County will provide basic design
template customization (header and colors) and minimal content (basic contact information).
URLs will have a G2Gcloud.com domain name. County has sole discretion as to what may
be placed on this one page website.
6) Public Body will include the URL in printed or electronic communications to the general
public regarding this service.
7) Public Body shall respond to all questions from the general public regarding payments.
County shall refer questions regarding the amount of payment due or owing to Public Body.
8) County will provide Public Body with access to a password protected web site where Public
Body can issue credits and view daily, weekly, and monthly transaction activity of payments
processed through this LT. Service.
9) The general public shall be required to pay County an Enhanced Access Fee to use this I.T.
Service. County will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
10) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, County
Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
11)The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the
Enhanced Access Fee. The payment to Public Body will be deposited in Public Body's
designated account. The funds for the Enhanced Access Fee will be deposited into an
account owned by County.
Page 1 of 4
i.T, SERVICES - INTERLOCAL AGREEMENT
May 28, 2013
ONLINE PAYMENTS EXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (I.T.) Department.
Public Body will designate two representatives to act as a primary and secondary Points of
Contact with County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the IT. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The LfRL for Public Body to view activity reports and to perform all administrative
flinctions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
Points of Contact should use the following procedures to report a service support incident.
Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number or e-mail provided below. The Service
Center is staffed to provide support during County's normal business hours of 8:30 a.m. EST to
5:00 p.m. EST, Monday through Friday, excluding holidays. The Service Center can receive
calls to report I.T. Service outages 24 hours a day, 7 days a week. Outages are defined as
unexpected service downtime or error messages. Depending on severity, outage reports received
outside of County's normal business hours may not be responded to until the resumption of
County's normal business hours.
Table 1: Service Center Information
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenter@oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service unless Public Body chooses the Automatic
Payment Option in Table 2 below. County will invoice Public Body based upon a fiscal year
from October 1 through September 30. Payment will be due 60 days after receipt of invoice.
Invoice will be sent by the last week of October of each year.
Table 2: Optional Service and Support Costs
Page 2 of 4
1,T. SERVICES - INTERLOCAL AGREEMENT
May2K, 2013
ONLINE PAYMENTS EXHIBIT I
Title Description Cost Payment Due
Automatic Payment
Option
Allows general public
to pay a set amount on
a recurring schedule to
a Public Body.
$550.00 per year.Annual payment due 60
days after receipt of
invoice
Indicate below if Public Body chooses to have County provide the automatic payment option:
YES ÿ NO
If Public Body has selected the optional service, this will be billed at the end of the fiscal year.
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments
and/or Over The Counter Payments. Payments will be made quarterly based on the County's
fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
• After transactional fees have been deducted, County will deduct an annual $900
account maintenance fee from the remainder of gross Enhanced Access Fees to
determine the Net Enhanced Access Fees. If no funds remain after the County
deducts the transactional fee and the annual account maintenance fee, Public Body
will not be entitled to any sharing of fees.
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
X 43% County's Cost for Transactional Fees
- $2150 Transactional Fees Deducted from Gross Enhanced Access Fees
$2850 Gross Enhanced Access Fees Remaining
-$900 Account Maintenance Fee Deducted
Page 3 of 4
I.T. SERVICES - INTERLOCAL AGREEMENT
May 28. 2013
ONLINE PAYMENTS EXHIBIT I
$1950 Total Net Enhanced Access Fees
x5Q% 50% Shared Back with Public Body
$975 Fees Shared Back with Public Body
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall
notify Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications
needed to receive this I.T. Service. This license cannot be provided to any other party without
County's consent in writing.
Page 4 of 4
I.T. SERVICES - INTERLOCAL AGREEMENT
May 28, 2013
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
1. County will provide an I.T. Service where the general public can make Over the Counter
Payments for any type of fees or costs; i.e. pay property taxes, Hcenses, permits or traffic
tickets by means of a credit card.
2. Fees for the I.T. Service are described in Service and Support Costs.
3. Public Body shall respond to all questions from the general public regarding payments.
4. County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction activity of
payments processed through this I.T. Service.
5. The general public shall be required to pay County a fee to use this I.T. Service. County
will use fees to recover costs associated with this I.T. Service.
6. The fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS RESOLUTION #07121, County Board of
Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
7. The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will be deposited in Public Body's designated account. The
fee will be deposited into an account owned by County.
SUPPORT
The I.T. Service will be supported by County's Information Technology (I.T.) Department.
Public Body will designate two representatives to act as primary and secondary Points of Contact
with County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative
functions will be provided by County.
Page 1 of 3
I.T. SERVICES - INTERLOCAL AGREEMENT
May 28, 2013
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT VlII
SUPPORT PROCEDURES
Points of Contact should use the following procedures to report a service support incident.
Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number or e-mail provided below. The Service
Center is staffed to provide support during County's normal business hours of 8:30 a.m. EST to
5:00 p.m. EST, Monday through Friday, excluding holidays. The Service Center can receive
calls to report I.T. Service outages 24 hours a day, 7 days a week. Outages are defined as
unexpected service downtime or error messages. Depending on severity, outage reports received
outside of County's normal business hours may not be responded to until the resumption of
County's normal business hours.
Table 1: Service Center Information
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenter@oakgov,com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments
and/or Over The Counter Payments. Payments will be made quarterly based on the County's
fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
• After transactional fees have been deducted, County will deduct an annual $900
account maintenance fee from the remainder of gross Enhanced Access Fees to
determine the Net Enhanced Access Fees. If no funds remain after the County
deducts the transactional fee and the annual account maintenance fee, Public Body
will not be entitled to any sharing of fees.
Page 2 of 3
I.T. SERVICES - INTERLOCAL AGREEMENT
May 28, 2013
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT VlII
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
X 43%County's Cost for Transactional Fees
-$2150 Transactional Fees Deducted from Gross Enhanced Access Fees
$2850 Gross Enhanced Access Fees Remaining
-$900 Account Maintenance Fee Deducted
$1950 Total Net Enhanced Access Fees
x50%50% Shared Back with Public Body
$975 Fees Shared Back with Public Body
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via computer owned
by Public Body an on the premise of the Public Body. This computer may be operated by Public
Body staffer made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications
needed to receive this I.T. Service. This license cannot be provided to any other party without
County's consent in writing.
Page 3 of 3
I.T. SERVICES - INTERLOCAL AGREEMENT
May 28, 21)13
EXHIBIT IX
I.T. SERVICES AGREEMENT
DATA CENTER USE & SERVICES
INTRODUCTION
A. The County desires to make space available in its Data Center (as described below in
Section 1) to the Public Body to enable the Public Body to locate and install hardware
and software to support the general operations of the Public Body and/or to receive l.T.
Services from the County (as defmed in the Agreement, Section 1).
B. The Parties agree to the following terms and conditions regarding the use of space in the
Data Center:
LICENSE AGREEMENT
1. Use of County Property.
1.1. Description of Property. The County grants a License for use of square
feet of its property to the Public Body, which is described and illustrated in
Attachment A (hereinafter "Data Center"). Attachment A is incorporated by
referenced into this Exhibit and Agreement.
1.2. Use of Property. The Public Body shall only use the Data Center for the location and
installation of hardware and software (hereinafter "Equipment") to support the
general operations of the Public Body and to receive LT. Services from the County.
T.T. Services are defmed in Section 1 of the Agreement. The Public Body must
execute separate exhibits for other LT. Services.
1.3. Length of Use/Termination. This Exhibit and use of the Data Center shall commence
upon full execution of this Exhibit and shall end when the Agreement terminates or
expires (whichever occurs first) pursuant to the Agreement. At the expiration or
termination of this Exhibit or Agreement (whichever occurs first), the Public Body
shall remove of all of its Equipment or personal property located in the Data Center
within thirty (30) days. If the Public Body does not remove its Equipment or personal
property within the thirty (30) day period, then the County shall remove and dispose
of the Equipment or personal property, including all data stored on the hardware at
the Data Center and bill the Public Body for all costs associated with the removal and
disposal of the Equipment or personal property. The costs associated with the
removal and disposal of the Equipment or personal property are in addition to the
License Fee or other costs or fees set forth in this Agreement.
1.4. No Termination Fee. Except for the costs set forth in this Exhibit, there is no fee for
the termination of this Exhibit.
Page 1 of 8
I.T. SERVICES - INTERLOCAL AGREEMENT
Jilly31.2()13
DATA CENTER USE & SERVICES - EXHIBIT IX
1.5. License Fee/Costs. The Public Body understands and accepts that the Oakland
County Board of Commissioners sets the "gross square footage rental rate" for all
Oakland County property on October of every year. This "gross square footage
rental rate," set by the Oakland County Board of Commissioners, shall be the license
fee for this Exhibit (hereinafter "License Fee"). The License Fee is in effect from
October until September 30^'' of the following year. The License Fee in effect upon
execution of this Exhibit is ($ )
per square foot per year, payable in quarterly installments of
($ ). During the term of this Exhibit or any extension thereof, on each
October 1, the License Fee will be adjusted up or down by the County, based upon
the "gross square footage rental rate" set by the Oakland County Board of
Commissioners. The License Fee is payable, in advance, on a quarterly basis
(January 1, April 1, July 1, and October 1) as set forth in the Agreement. If this
Exhibit commences upon a date other than the first day of a quarter, then the License
Fee shall be pro-rated per day. Other costs or fees due under this Exhibit shall be
payable as set forth in the Agreement.
1.6. Signs. The Public Body shall not place any signs or advertisements on or around the
Data Center or on the building where the Data Center is located without the prior
written consent of the County's Director of Facilities Management or his/her
successor and the County's Director of Information Technology or his/her successor.
1.7. The Public Body shall keep the Equipment and any other personal property located or
stored at the Data Center in good order and repair. The Public Body shall conduct its
operations at the Data Center, so as not to cause harm to the Data Center and keep it
in good order and repair and in a clean, safe, and healthful condition.
1.8. Alterations. Additions or Improvements. The Public Body shall not make any
alternations, additions, improvements or changes to the Data Center, unless prior
written approval is given by the County's Director of Facilities Management or
his/her successor and the County's Director of Information Technology or his/her
successor. Any alterations, additions, improvements or changes to the Data Center,
requested by the Public Body to facilitate the installation and operation of its
Equipment and approved by the Directors in the previous sentence, shall be
performed by the County or contractor's authorized by the County's Director of
Facilities Management or his/her successor; provided however, that the Public Body
shall be responsible for all costs associated with the alterations, additions,
improvements, or changes to the Data Center. The costs associated with the
alterations, additions, improvements, or changes shall be in addition to the License
Fee set forth in this Exhibit or other costs or fees set forth in this Agreement.
1.9. The Public Body acknowledges that it had the opportunity to inspect the Data Center
and accepts the Data Center AS IS.
Page 2 of 8
I,T. SERVICES - INTERLOCAL AGREEMENT—EXHIBIT IX
July 17, 2012
DATA CENTER USE & SERVICES - EXHIBIT IX
1.10. The Public Body shall leave the Data Center in the same condition that the Public
Body found it and clean of all rubbish.
2. Public Body Responsibilities.
2.1. The Public Body shall provide all Equipment to be located in the Data Center and
shall provide the County with all building, electrical, networking or other
specifications required for the installation and operation of the Equipment. The
Public Body (and not the County) shall be responsible for the installation, operation,
maintenance, repair and replacement of the Equipment and shall be responsible for all
costs associated with the installation, operation, maintenance, repair and replacement
of the Equipment; provided however, a County employee or agent may accompany
the Public Body Employee, at all times, during the installation, maintenance, repair
and replacement of the Equipment at the Data Center.
2.2. The Equipment located in the Data Center shall remain the personal property of the
Public Body.
2.3. The Public Body and the Public Body Employee shall not in any manner hold
themselves out to be agents, volunteers or employees of the County.
2.4. The Public Body is responsible for and shall obtain, at its sole expense, all necessary
licenses, permits, and other governmental approvals that are necessary for use of the
Data Center.
2.5. Authorized Public Employees. The Public Body shall provide a written list, to the
County, of persons who are authorized, by the Public Body, to have remote access to
the Equipment located or stored in the Data Center and of persons who are
authorized, by the Public Body, to have physical access to the Equipment located or
stored in the Data Center.
2.6. Points of Contact. The Public Body shall designate individuals to act as primary and
secondary Points of Contact with County. The responsibilities of these Points of
Contact are set forth in Section 3 of the Agreement.
2.7. Software/Application Licenses. The Public Body is responsible for obtaining,
maintaining, and paying for ail software/application licenses for the Equipment
located or stored at the Data Center.
3. County Responsibilities,
3.1. Utilities. The County shall provide all utilities, including gas, electricity, heat, and air
conditioning, necessary to operate the Public Body's Equipment located in the Data
Center. The utility costs are contained in the License Fee; provided however, that the
Public Body shall be responsible for all costs associated with the connection to the
utilities and for all costs associated with any alterations, improvements or changes to
Page 3 of 8
I,T, SERVICES - INTERLOCAL AGREEMENT—EXHIBIT IX
July 17, 2012
DATA CENTER USE & SERVICES - EXHIBIT IX
the electrical/heating and cooling systems of the Data Center that are required
because of the installation and operation of the Public Body's Equipment. The costs
associated with the utility connections, alternations, improvements, or changes shall
be in addition to the License Fee set forth in this Exhibit or other costs or fees set
forth in this Agreement. THE COUNTY DOES NOT WARRANT THAT THE
DATA CENTER WILL HAVE UTILITIES/POWER/ELECTRICiTY 100% OF
TIME DURING THE TERM OF THIS EXHIBIT.
3-2. Security. The County will use its best efforts to ensure that the Data Center is a
secure facility and protected from power outages through back-up power sources or
generator power.
3.3. Physical and Network Connections. The County shall provide the physical and
network connections for the Equipment located in the Data Center, according to the
specifications provided by the Public Body. The terms, conditions and costs for
providing these connections shall be set forth in another exhibit to the Agreement,
specifically Exhibit V to the Agreement. The costs for these connections are not
contained in the License Fee.
3.4. Backup and Disaster Recovery. Notwithstanding any other provisions in the
Agreement to the contrary (specifically Section 2.4 of the Agreement), the County
will not provide and perform, through this Exhibit, backup and disaster recovery
services for the Public Body's Equipment located in the Data Center and for data that
resides on the Public Body's Equipment located in the Data Center. If the Pubic
Body desires or requires backup or disaster recovery services, then the Public Body
shall contact the County and request such services. The County will inform the
Public Body if it is able to perform the requested services. If the County is able to
provide the services, then the County will inform the Public Body of the extra cost
associated with the services and the terms and conditions of the services. The Parties
shall enter into a separate written agreement for the services.
3.5. Support Procedure/Service Center. l.T. Service incidents requiring assistance from
the County must be reported to the Service Center, by the Points of Contact, to the
phone number or e-mail provided below. The Service Center can receive calls to
report l.T. Service outages 24 hours a day, 7 days a week. Outages are defined as
unexpected service downtime or error messages. Depending on severity, outage
reports received outside of County's normal business hours may not be responded to
until the resumption of County's normal business hours. Service Center Phone
Number: 248-858-8812 & Service Center Email Address:
servicecenter@oakgov.com.
4. Access to Data Center/Security. The Public Body and Public Body Employees, who are
on the list submitted to the County pursuant to Section 2.5 of this Exhibit, shall have access
Page 4 of 8
l.T. SERVICES - INTERLOCAL AGREEMENT—EXHIBIT IX
.iuly 17,2012
DATA CENTER USE & SERVICES - EXHIBIT IX
to the Data Center 24 hours a day/7 days a week. The Public Body and the Public Body
Employees shall comply with all County policies and procedures for access to the Data
Center and the building that houses the Data Center. The County, at its cost, will provide
identification cards for Public Body Employees to enter the Data Center and the building
that houses the Data Center. The Public Body Employees may be subject to security or
background checks, at the County's sole cost and discretion. In its sole discretion, the
County may deny access to the Data Center to any Public Body Employee.
5. Assurances/Liability.
5.1. Damage to County Property. The Public Body shall be responsible for any damage to
any County property or facilities that is caused by the Public Body or Public Body
Employees. If damage occurs, the County shall make the necessary repairs and/or
replacements or cause a third party to make the necessary repairs or replacements;
provided, however, that the Public Body shall reimburse the County for all costs
associated with repairing and/or replacing the damaged property or facilities. The
costs contained in this Section are in addition to the License Fee or other costs or fees
set forth in this Agreement.
5.2. Damage to Public Body's Equipment. The Public Body shall be solely liable and
responsible for any loss or damage resulting from fire, theft or other means to the
Public Body's Equipment or other personal property located, kept, or stored at the
Data Center. The County shall not insure the Equipment or other personal property
of the Public Body that is located or stored at the Data Center. The Public Body, in
its sole discretion, may insure the Equipment or other personal property located at the
Data Center.
5.3. Claims or matters arising out of this Exhibit are also governed by the terms and
conditions contained in the Agreement.
6. Insurance.
6.1. The Public Body shall provide and maintain, at its expense, all insurance as set forth
below. The insurance shall be written for not less than any minimum coverage herein
specified.
6.1.1. Commercial General Liability Insurance Occurrence Form including: a)
Premises and Operations; b) Products and Completed Operations (including On and
Off Premises Coverage); c) Personal and Advertising Injury d) Broad Form
Property Damage e) Independent Contractors; f) Broad Form Contractual including
coverage for obligations assumed in this contract;
$1,000,000 - Each Occurrence Limit
$1,000,000 " Personal & Advertising Injury
$1,000,000 - Products & Completed Operations Aggregate Limit
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I.T, SERVICES - INTERLOCAL AGREEMENT—EXHIBIT IX
July 17, 2012
DATA CENTER USE & SERVICES - EXHIBIT IX
$2,000,000 - General Aggregate Limit
$500,000 - Fire Damage Limit (Any One Fire)
6.1.2. Fire Legal Liability Insurance with limits of $ 1,000,000 each accident, covering
the personal and real property of Oaldand County's IT building/Data Center.
6.1.3. Workers* Compensation Insurance with limits statutorily required by any
applicable Federal or State Law and Employers Liability insurance with limits of no
less than $500,000 each accident, $500,000 disease each employee, and $500,000
disease policy limit.
6.1.4. Commercial Umbrella/Excess Liability Insurance with a minimum limits of
$2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less
than following form of primary coverages or broader.
6.1.5. Commercial Property Insurance. The Public Body shall be responsible for
obtaining and maintaining insurance covering their equipment and personal property
against all physical damage.
6.2. General Insurance Conditions: The aforementioned insurance shall be endorsed, as
applicable, and shall contain the following terms, conditions, and/or endorsements.
All certificates of insurance shall provide evidence of compliance with all required
terms, conditions and/or endorsements.
6.2.1. All policies of insurance shall be on a primary, non-contributory basis with any
other insurance or self-insurance carried by the County;
6.2.2. The insurance company(s) issuing the policy(s) shall have no recourse against the
County for subrogation, premiums, deductibles, or assessments under any form;
6.2.3. Any and all deductibles or self-insured retentions shall be assumed by and be at
the sole risk of the Lessee;
6.2.4. All policies, with the exception of Workers' Compensation, shall be endorsed to
name the County as additional insured;
6.2.5. All policies shall be endorsed to provide a written waiver of subrogation in favor
of County;
6.2.6. The Public Body shall require their contractors, or sub-contractors not protected
under the Public Body's insurance policies, to procure and maintain insurance with
coverages, limits, provisions, and/or clauses equal to those required in this
Agreement;
6.2.7. Certificates of insurance must be provided no less than ten (10) working days
prior to commencement of this Agreement and must bear evidence of all required
terms, conditions and endorsements; and
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I.T, SERVICES - INTERLOCAL AGREEMENT—EXHIBIT IX
July 17, 2012
DATA CENTER USE & SERVICES - EXHIBIT IX
6.2.8. All insurance carriers must be licensed and approved to do business in the State of
Michigan and shall have and maintain a minimum A.M. Best's rating of A.
7. Destruction of Data Center/Building Housing Data Center.
7.1. Except as otherwise provided herein, in the event, that the building that houses the
Data Center is partially or entirely damaged or destroyed as a result of the Public
Body's actions/nonactions or the actions/nonactions of the Public Body Employees,
the County shall repair the damage or destruction; however, the Public Body shall be
responsible for all costs associated with repairing damage or destruction of the Data
Center or the building that houses the Data Center, unless such damage or destruction
is covered and paid for by the County's insurance, in which case the Public Body
shall reimburse the County for any deductible it must pay in connection with the
damage or destruction. The costs contained in this Section are in addition to the
License Fee or other costs or fees set forth in this Agreement.
7.2. In the event that more than thirty-five (35%) percent of the building which houses the
Data Center is damaged or destroyed by fire or other casualty, then the County may
elect to either repair or rebuild the building or to terminate this Exhibit by giving
written notice to the Public Body within ninety (90) days after the occurrence of such
damage or destruction. The Public Body will have ninety (90) days from the date of
the notice to vacate the Data Center.
7.3. In the event the building which houses the Data Center is partially damaged or
destroyed by fire or other casualty and such event is not addressed by Sections 7.1 or
7.2, the County shall use its best effort to promptly repair or rebuild the building. In
the event the building cannot be repaired or rebuilt within one hundred eighty (180)
days after such destruction, the Public Body shall have the right to terminate this
Exhibit and vacate the Data Center within ninety (90) days after the occurrence of
such damage or destruction.
7.4. In no event shall County be required to repair or replace any property of the Public
Body.
8. Freedom of Information Act. The Parties agree and acknowledge that the data which
resides on the Equipment located or stored in the Data Center is not a "writing" as defined
by the Freedom of Information Act, MCL 15.231, e/ seq., because the data does not contain
any meaningful content in the format possessed by the County. MCL 15.232(i). Under the
Act, the County is not required to create a compilation, summary or report of information it
possess. MCL 15.233(4)
9. Survival. Sections 1.3, 5, 6 and 7 of this Exhibit and the duties and obligations contained
herein shall survive the expiration or termination of this Exhibit and Agreement.
I,T, SERVICES
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- INTERLOCAL AGREEMENT-
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DATA CENTER USE & SERVICES - EXHIBIT IX
10. Eminent Domain. If the whole building which houses the Data Center is taken by any
public authority under the power of eminent domain, then this Exhibit shall be terminate on
the day the public authority takes possession of the whole building. If less than the whole,
but more than thirty-five percent (35%) of the building is taken by any public authority
under the power of eminent domain, then either Party may terminate this Exhibit upon
thirty (30) days written notice to the other Party. In the event neither Party elects to
terminate this Exhibit, then the Exhibit shall terminate on the date the public authority takes
possession of the building. Neither Party shall have any future liability or obligation under
the Exhibit if it is terminated under this Section.
11. No Interest in Property. This Exhibit and Agreement shall not create and is not intended
to create any right, title or interest in Data Center or any portion thereof Public Body has
no title in and to the Property or any portion thereof and has not, does not, and will not
claim any such title or any easement over the Property.
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I.T, SERVICES - INTERLOCAL AGREEMENT—EXHIBIT IX
July 17,2012